SelfOptima provides services to you on our site, located at www.SelfOptima.com (“Site”), under these terms of use (“Terms”). Please read these Terms carefully. You understand that these Terms govern your use of the Site.
1. Privacy Policy
Your privacy is important to us. All information collected from you in connection with your use of the Site is governed by our Privacy Policy. For more information, please see our Privacy Policy, which is incorporated into these Terms.
2. Modifications to Terms
We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site. In addition, we may notify you of material changes to these Terms in accordance with our Privacy Policy. These Terms, as amended, will be effective upon acceptance in registration for new users and are otherwise effective for all users 30 days after the posting of any amended terms.
3. Modifications to the Site
We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
4. Restricted Activities
You agree not to use the Site to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by SelfOptima in its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. Your Content
You may submit comments, testimonials, or other content to us (collectively, “Content”) via e-mail links on the Site. You grant to us a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, “Use”). You retain all ownership rights in and to your Content. Any Use of your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, SelfOptima may post on the Site any testimonial you submit to us. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial.
6. Third-Party Services
SelfOptima provides you with links to third-party Web sites or locations, including service providers (“Provider”) for your convenience only. Our provision of such a link does not signify an endorsement by SelfOptima of the third party’s Web site or the services offered by such third-party. SelfOptima has no control over, does not review, and cannot be responsible for these outside Web sites or their content. Your use of a third-party Web site will be subject to such third-party’s terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. SelfOptima has no control over the Provider’s performance of its services, and SelfOptima makes no representations or warranties with respect to the Provider’s performance of its services. YOU AGREE THAT SELFOPTIMA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.
7. Termination
We may terminate your use of the Site without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.
8. Medical Disclaimer and other Disclaimers
The disclaimers set forth in this Section 9 apply to all interactions between Self-Optima and you- whether you are a visitor to this website, a user of services rendered by practitioners (the “Practitioners”) listed on this site, or a consumer of goods (the “Products”) purchased either through the Site or through any third-party site linked to the Site.
All information on the Site is of a general nature and is furnished for educational purposes only. No information contained on the Site or in any e-mail sent to you by SelfOptima (“SelfOptima Content”) is to be taken as medical or other health advice pertaining to any individual’s specific health or medical condition. Although we make an effort to provide quality information to you, SelfOptima disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any SelfOptima Content. The SelfOptima Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all SelfOptima Content.
SelfOptima is not engaged in rendering medical, psychiatric, or psychological advice, opinion, diagnosis, prescription, or treatment or other professional services. WE DO NOT PRACTICE MEDICINE, nor do we employ or retain any health care providers to practice medicine or any other health care profession. Accordingly, the SelfOptima Content is not a substitute for the diagnosis and advice of your healthcare professional, and the SelfOptima Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your healthcare professional because of anything you may have read or interpreted in the SelfOptima Content. Consult your health care professional before practicing any recommendations or acting on any SelfOptima Content. The SelfOptima Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family. If you have or suspect you may have a medical or psychological problem, you should consult your appropriate health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition; or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment.
Medical Emergencies
If you think you might have a medical emergency, then call your doctor or 911 immediately.
Caution Concerning Dietary and Nutritional Changes
Diets can have significant impacts on health and should be conducted with proper supervision. Do not attempt to self-treat an illness with dietary or nutritionally-based on information in this website. If you have or suspect you may have a medical or psychological problem, you should consult your appropriate health care provider.
Scientific information on dietary supplements and weight loss products is continually evolving and there are professional differences of opinion regarding the value and safety of various approaches to diet and the use of herbal remedies and dietary supplement products. The basis for some of the products and recommendations on this site may be considered to be complementary, alternative or integrative medicine and not widely accepted by established medicine. The information provided is offered with a good faith belief that it is supported by scientific information but some of the products offered have not been tested in clinical trials.
While rare, some dietary supplements can elicit severe allergic reactions if used inappropriately or by persons with allergies or sensitivities. In addition, some dietary supplements may interact adversely with conventional medications.
The information and claims made and provided about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not designed, intended or approved to diagnose, cure, treat or prevent disease.
Links
Links on this Site are provided only as an informational resource, and it should not be implied that we recommend, endorse or approve of any of the content at the linked sites, nor are we responsible for their availability, accuracy or content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the site. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Testimonials and Endorsements; No Guarantees
We may post testimonials and endorsements on the Site regarding customer use of our services and products. We believe these testimonials and endorsements reflect experiences that are representative of what consumers will generally achieve with the advertised product in actual, albeit variable, conditions of use. However, this does not necessarily imply that any given consumer will experience the exact same or similar results as others who have used similar services and who have subsequently written testimonials and endorsements.
Although results generally should be within the range of results a significant number of consumers can experience, the results experienced by any one individual who has written a testimonial or endorsement is not necessarily what any other particularly consumer should expect to experience. Further, we offer no guarantee regarding any of our services or products or those of any health care professional affiliated with our website. Any review or other statement that could be regarded as a testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of use of any product, service, or piece of information.
Responsibility for Emotional Responses
Certain kind of mind-body therapies (such as guided imagery, visualization and meditation) may induce emotional and psychological discomfort or distress in certain people. By using the Site you are accepting full responsibility for any emotional response to material to which you may be exposed. Always consult your licensed health care provider regarding your professional care.
No Claims Regarding Products or Services
We have not evaluated the skills and abilities of the practitioners featured on the Site. We do not recommend, endorse, or give any approval regarding any of the practitioners listed on the Site, nor are we responsible for their availability for services, or for the accuracy of any statements or representations they make on the Site regarding their qualifications or services. Further, we do not independently verify the credentials that practitioners on our site claim; nor do we make any representation regarding their licensure or whether they are practicing within the licensing laws of the state in which they offer services. Practitioners have been asked to sign a set of guidelines, but we cannot guarantee their adherence to the principles set forth therein. SelfOptima is a connectivity and directory service that helps link users with Practitioners; You should make an independent judgment about the credentials and competence of Practitioners listed on this site as you would with any professional service.
YOU ACKNOWLEDGE THAT SELFOPTIMA IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT ALL DECISIONS MADE USING THE SELFOPTIMA CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. SELFOPTIMA, INC., EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE SELFOPTIMA CONTENT.
You knowingly, voluntarily, and intelligently assume all risks involved in using any health recommendations or treatments recommended via this website, whether received through interacting online with SelfOptima or with health care practitioners linked with via the Site. As a result of this assumption of these risks, you agree to release, indemnify, and defend SelfOptima, Inc. and its agents from and against any and all claims which you (or your representatives) may have for any loss, damage, or injury. You further acknowledge that it is your responsibility to inform your treating physician and other appropriate health care providers concerning your decision to follow the tips and recommendations you receive, so that these professionals can determine, within their professional competence, whether any harmful or adverse effects are possible given their treatment of your medical condition.
9. Disclaimer of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SELFOPTIMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE SELFOPTIMA CONTENT.
SELFOPTIMA MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES SELFOPTIMA MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SELFOPTIMA CONTENT OR THAT DEFECTS IN THE SITE OR THE SELFOPTIMA CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
10. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SELFOPTIMA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SELFOPTIMA CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of SelfOptima to you for all claims arising from or related to the Site or the SelfOptima Content is limited to the lesser of the fees paid by you to SelfOptima for services provided on the Site or fifty dollars ($50).
11. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless SelfOptima and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site; (2) your use of the Site or the SelfOptima Content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.
13. Intellectual Property
SelfOptima grants to you a nonexclusive right and license to reproduce the SelfOptima Content for your personal use only. Except for the limited license granted to you in this Section 14, nothing contained on the Site, in the SelfOptima Content, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any SelfOptima patent, copyright, trademark, or other intellectual property rights.
Copyright
The Site, the SelfOptima Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of SelfOptima, Inc., and its licensors and are protected by U.S. and international copyright laws. The SelfOptima Content and any other content on the Site may be used for informational purposes only. Any other use of the SelfOptima Content or such other content on the Site without the prior written consent of SelfOptima, Inc., is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content of the Site or the SelfOptima Content is expressly prohibited without the prior written consent of SelfOptima.
Copyright Infringement
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Site has designated an agent to receive notices of claims of copyright infringement:
Copyright Officer
SelfOptima, Inc.
4320 Stevens Creek Blvd, Suite 195
San Jose, CA 95129
copyright@selfoptima.com
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
14. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the SelfOptima Content (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in San Jose, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration. Either you or SelfOptima may seek interim or preliminary injunctive relief from a court of competent jurisdiction in San Jose, California, as necessary to protect the rights or property of you or SelfOptima pending the completion of any arbitration proceeding.
15. General
The Terms constitute the entire and exclusive and final statement of the agreement between you and SelfOptima with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and SelfOptima with respect to the subject matter hereof. The Terms and the relationship between you and SelfOptima shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
SelfOptima’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and SelfOptima nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and SelfOptima’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 5 through 15 shall survive any expiration or termination of the Terms.
